CH 9: Valerie Guevara Flashcards
judicial implementation
How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit
sentence: During judicial implementation many decisions are made.
plurality opinion
A type of judicial opinion, the reasoning of which is agreed to by fewer than a majority of judges on a court; although it resolves the particular case, the opinion does not establish a binding precedent
sentence: Plurality opinion is essential to the US government.
concurring opinion
A type of judicial opinion issued by a minority of judges on a court who agree with the outcome of a case, but wishes to express different legal reasoning
sentence: Concurring opinion involves legal reasoning.
dissenting opinion
A type of judicial opinion issued by a minority of judges on a court who disagree with the outcome of a case and wish to explain their legal reasoning
sentence: Dissenting opinion is necessary when cases are in session.
trial court
Court of original jurisdiction where cases begin
sentence: Judges are involved in the trial court process.
appellate court
Court that generally reviews only findings of law made by lower courts
sentence: In the appellate court many things are reviewed.
constitutional (or Article III) courts
Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III
sentence: The constitutional (or Article III) courts were founded in the US constitution.
legislative courts
Courts established by Congress specialized purposes, such as the Court of Appeals for Veterans Claims
sentence: Legislative courts are a necessary part of the US government.
Federalist No. 78
A Federalist Papers essay authored by Alexander Hamilton that covers the role of the federal judiciary, including the power of judicial review
sentence: The Federalist No. 78 outlined the role of the federal judiciary.
Judiciary Act of 1789
Legislative act that established the basic three-tiered structure of the federal court system
sentence: Judiciary Act of 1789 established an important system that helps structures the federal courts.
John Jay
A member of the Founding generation who was the first Chief Justice of the United States. A diplomat and a co-author of The Federalist Papers
sentence: John Jay was the first chief of justice of the United States.
writ of certiorari
A request for the Supreme Court to order the records from a lower court to review the case
sentence: In many cases writ of certiorari is utlized by the supreme court.
Rule of Four
At least four justices of the Supreme Court must vote to consider a case before it can be heard
sentence: Rule of Four includes four supreme court justices.
judicial restraint
A philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge´s own principles
sentence: Judicial restraint is essential to the US government.
judicial activism
A philosophy of judicial decision making that posits judges should use their power broadly to further justice
sentence: Judicial activism is involved in decision making processes.
strict constructionist
An approach to constitutional interpretation that emphasize interpreting the Constitution as it was originally written and intended by the Framers
sentence: Strict constructionist have a strict interpretation of the constitution.
Sandra Day O´Connor
An Associate Justice of the Supreme Court from 1981-2005 who was appointed by President Ronald Reagan as the first woman to serve on the Court
sentence: Sandra Day O´Connor was the first woman to serve on the court.
Elena Kagan
An Associate Justice of the Supreme Court, appointed by President Barack Obama in 2009 while she was serving as solicitor general in his administration
sentence: Elena Kagan was an important female figure in US history.
brief
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial
sentence: Briefs are used during case trials.
precedent
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature
sentence: Many cases set precedent for suture cases.
stare decisis
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases
sentence: Stare decisis involves prior cases.
senatorial courtesy
A process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection
sentence: Senatorial courtesy is an essential part to the US government.
Whiskey Rebellion
A civil insurrection in 1794 that was put down down by military force by President George Washington, thereby confirming the power of the new national government
sentence: Whiskey Rebellion was a watershed moment in US history.
Chisholm v. Georgia (1793)
A Supreme Court case that allowed U.S. citizens to bring a lawsuit against states in which they did not reside; overturned by the Eleventh Amendment in 1789
sentence: Chisholm v. Georgia (1793) set the precedent for the United States.
Eleventh Amendment
An amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or country
sentence: Eleventh Amendment protects the states.
John Marshall
The longest-serving Supreme Court chief justice, Marshall served from 1801 to 1835. Marshall´s decision in Marbury v Madison (1803) established the principle of judicial review in the United States
sentence: John Marshall was a judge in the Marbury v Madison case.
judicial review
Power of the courts to review acts of other branches of government and the states
sentence: Judicial review was set in the Marbury v Madison case.
Marbury v. Madison (1803)
Case in which the Supreme Court first asserted the power of judicial review by finding that part of the congressional statute extending the Court´s original jurisdiction was unconstitutional
sentence: Marbury v. Madison (1803) set the precedent for judicial review.
jurisdiction
Authority vested in a particular court to hear and decide the issues in a particular case
sentence: Different states have jurisdiction in specific territories.
original jurisdiction
The jurisdiction of courts that hear a case first, usually in a trail. These courts determine the facts of a case
sentence: Original jurisdiction are the first to hear of cases.
appellate jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court
sentence: Appellate jurisdiction involves the lower court systems.
solicitor general
The fourth-ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the U.S. government to the Supreme Court
sentence: The solicitor general is the fourth ranking member of the DOJ.
amicus curiae
¨Friend of the court¨; amici may file briefs or even appear to argue their interests orally before the court
sentence: Amicus curiae is used in the court systems.
plurality opinion
A plurality opinion is in certain legal systems the opinion from a group of judges, often in an appellate court, in which no single opinion supports a majority of the court.
sentence: Plurality opinion and appellate courts go hand in hand.
